H1B amendment denied


Ivypro

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Got promoted to senior management last year in a fortune 100 firm. Been there for last 10 years and have progressed well through the ranks. US masters in a technical field and MBA from top 20 college. Promotion required filing of H1B amendment. Done in regular processing so promotion already occured with a healthy 6 figure salary. H1B prior to this has expiry late 2019. Recieved news last week that the H1B amendment got denied. I know that I'm still in status with earlier i94 till late 2019. What happens to my current role that I got promoted to? Would I be demoted back to old role? Waiting for HR to work with attorneys share any info.

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8 hours ago, Ivypro said:

I know that I'm still in status with earlier i94 till late 2019. What happens to my current role that I got promoted to? Would I be demoted back to old role? 

The only thing you can say for sure is that you are not accruing illegal presence due to  previous i94 validity.

But your “status” on the other hand is a sheer mess and it is almost certain that you will be considered out of status..

the best course of action at this time is to apply for a H1 qualifying position and petition, that too in PP and see if you get approved new I94 too..

It doesn’t make sense that particular management position was deemed unqualified for H1.. even worse, which implies your previous role wouldn’t qualify anymore too under new tighter regulations..

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